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2012 Supreme(Mad) 4715

VINOD K.SHARMA
R. Raghavan – Appellant
Versus
R. Venkitapathy – Respondent


Judgment :

The plaintiff/applicant has filed this application for grant of ad-interim injunction restraining the respondent No.5 to 7 from deciding the issue raised as per order dated 23.07.2012 pending disposal of the suit.

2. The plaintiff/applicant filed a suit for declaration that the order of the defendant 5 to 7 dated 23.07.2012 is illegal and invalid, with a consequential relief of permanent injunction restraining the respondents 5 to 7 from proceeding further in pursuant to the order dated 23.07.2012, and also for mandatory injunction.

3. 26.11.2012 is the next date of hearing before the learned Arbitral Tribunal. The learned Senior Counsel for the plaintiff/applicant vehemently contend, that arbitration proceedings were started in pursuance to the reference made by this Court in OSA No.282 and 285 of 2006 as per memo filed by the parties.

4. That the reference was in terms of the memo filed by the parties, therefore, it is not open to the Arbitral tribunal to go beyond the scope of reference. The proceedings initiated by the Arbitral Tribunal to entertain the additional claim filed by fifth claimant for dissolution of partnership is thus beyond the scope of reference, the






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